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17 years for raping own daughter

By Simon Liseli

A-34-year old male Zambian National was last week Thursday sentenced to consecutively 17 years imprisonment by the Katima Mulilo Regional Court Magistrate Mr. Mbongani Ndlovu for raping his own daughter.

It has been alleged that Mr. Victor Kumwala Kumwala who was 32-years old at the time of his arrest on 16 March 2015, raped his biological daughter several times in the period October 2014 to March 2015 at Mushabati village, Salambala area East of Zambezi where he was employed as a cattle herder.

Sometime in November 2014 victim’s mother was informed by her daughter that accused Kumwala used to have sexual inter course with her since October 2014 and accused was warned. He stopped raping the victim for a while after a warning from her lover but it appears that Victor did not take a warning very seriously as he returned to haunt his daughter again under a cocktail of three coercive circumstances.

On a date unknown but in March 2015 victim’s mother went to a certain Mazulu’s place and told her that the alleged victim was sick and injured on her private parts. Mazulu checked the victim and observed that she was really injured and was taken to Ngoma clinic by accused father where the nurse found that the victim has been raped leading to Victor’s arrest.

At the conclusion of the trial on November 7, 2017 when verdict was passed Victor was found guilty of rape by magistrate Ndlovu for contravening section 2(1)(a) of the combating of the rape act, act 8 of 2000 and illegal entry into Namibia.

Addressing the court before judgment Public Control Prosecutor of Katima Mulilo Magistrate Court Mr. George Matali said Victor has been convicted of two statutory offences of having raped his biological daughter and violating Immigration Control Act of Namibia which he both pleaded guilty.

“Upon conviction accused realized errors of his ways that leaded him to ask for forgiveness. Offence committed is very serious against his defeceless toddler daughter more than once, a child he was legally obliged to protect,” pronounced Mr. Matali.

The accused Mr. Kumwala was then sentenced to 17 years direct behind bars for raping his own daughter and 6 months for illegal entry into Namibia through Singalamwe area of Western Caprivi.

In a related case a male Namibian citizen Mr. Otela Mike Simasiku (28) was convicted and sentenced to 4 years behind bars for attempted rape by Katima Mulilo Regional Court Magistrate Mbongani Ndlovu.

Nampol Officers arrested accused Simasiku on October 24, 2015 at Linyanti area some 75 kilometers south of Katima Mulilo after a case of rape was opened against him.

Allegations were that on 24 October 2015 at Katwano Bar, Linyanti area Mr.Otela pulled a 17-year old School girl of Linyanti Combined School into a nearby container and raped her. Mike pleaded guilty of attempted rape and not guilty for rape.

During sentencing Simasiku pleaded for a leniency sentence to the court stating that he has a 3-year-old child under his care and does not know where his child’s mother is.

He added that he is vulnerable in the community and he is unemployed and his father passed away. Regional court magistrate Ndlovu sentenced him to 4 years imprisonment.

Mr. Hope Ngara of legal aid represented him and Mr. George Matali conducted the State prosecution.